As the US Opens for International Travel, Some Remain in Limbo

As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.

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Croatia Has Been Added to the Visa Waiver Program

In a September 28, 2021 press release, Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken announced that Croatia will be added as a new participant in the Visa Waiver Program beginning no later than December 1, 2021. Croatia will be the 40th country to be part of the B-1/B-2 Visa Waiver Program (“VWP”), and nationals of Croatia will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (“ESTA”).

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The White House Announces New Travel Policies Lifting COVID-19 Restrictions for Vaccinated Travelers

On October 25, 2021, President Joseph Biden issued a presidential proclamation detailing his previously announced plan to replace the current COVID-19 travel restrictions, which were issued on a country-by-country basis, with a globally consistent policy centered around vaccination and testing requirements. The new international air travel policy will be put into effect for any flights departing on or after 12:01 AM EST on Monday, November 8, 2021.

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US To Lift Travel Restrictions for Vaccinated Foreign Travelers on November 8, 2021

The White House Assistant Press Secretary Kevin Munoz announced via Twitter on October 15, 2021 that the international travel bans currently in effect will be lifted on November 8, 2021. The announcement was a much anticipated follow up to the White House’s previous statement that the US would soon be lifting COVID-19 travel bans for all vaccinated travelers.

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White House Announces U.S. to Lift COVID-19 Travel Bans on Vaccinated Travelers

In a highly-anticipated and welcomed statement, Jeff Zients, the White House coronavirus response coordinator, announced that the United States (U.S.) will be easing the COVID-19 travel restrictions in place barring entry for most non-US nationals who were physically present in Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, India, and the United Kingdom during the fourteen-day period preceding their entry or attempted entry into the Unites States.

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COVID-19 Travel Restrictions to Continue

After speaking with a White House official, David Shepardson of Reuters reports that “[t]he United States will not lift any existing travel restrictions ‘at this point’ due to concerns over the highly transmissible COVID-19 Delta variant and the rising number of U.S. coronavirus cases.” According to Mr. Shepardson’s source in the White House, the decision came after a senior level White House meeting on Friday, the 23rd of July.

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Department of State Expands Validity Period of National Interest Exceptions for Certain Travelers

On July 6th, the Department of State announced it was expanding the validity period and number of uses of the national interest exceptions (NIEs) granted to individuals traveling from countries affected by the current COVID-19 travel restrictions. Previously the NIEs were valid for one trip within 30 days of being granted. The new announcement permits multiple entries within the 12 months after the NIE is granted. The expansion is effective immediately.

The change in policy affects NIEs issued to those present in the following countries within 14 days of trying to enter the United States: Brazil, China, India, Iran, South Africa, the Schengen Area, the United Kingdom, and Ireland.

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US Citizens Abroad May Return to the US on Expired Passports through December 31, 2021

In an effort to alleviate travel related difficulties and the lengthy appointment backlogs created by the global COVID-19 pandemic at US Embassies and Consulates worldwide, the State Department in conjunction with the Department of Homeland Security announced that “U.S. citizens currently overseas whose passports expired on or after January 1, 2020, may be able to use their expired U.S. passport for direct return travel to the United States until December 31, 2021.” The State Department’s new exception for expired passports applies to adults, whose documents are valid for 10 years, and to children, whose passports expire after 5 years.

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Biden Administration to Restrict Travel from India Effective May 4, 2021

On April 30, 2021, President Biden issued a Presidential Proclamation which imposes COVID-19-related travel restrictions on certain individuals traveling into the US from India effective Tuesday, May 4, 2021, in an effort to prevent the further spread of COVID-19. The proclamation restricts and suspends the entry into the US of nonimmigrants and noncitizens of the US who were physically present within India during the fourteen-day period preceding their entry or attempted entry into the United States.

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President Biden Reinforces the UK and European Travel Restrictions (and Adds South Africa)

On January 25, 2021, President Joseph Biden issued a proclamation to reinstate the Brazil, United Kingdom, Ireland, and Schengen Area travel restrictions that were set to be rescinded on January 26, 2021. Additionally, President Biden added South Africa as a country from which travel to the US is restricted because of the COVID-19 variant in that country, while Iran (Proclamation 9992) and China (Proclamation 9984) remain from previous proclamations.

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